Wisconsin Tort Laws Flashcards
What six factors make up the Public Policy Test?
- The injury is too remote from the negligence
- The injury is too wholly out of proportion to the culpability of the negligent tortfeasor
- In retrospect it appears too highly extraordinary that the negligence should have bought about the harm
- Allowance of recovery would place too unreasonable a burden on the negligent tortfeasor
- Allowance of recovery would be too likely to open the way for fraudulent claims
- Allowance for recovery would enter a feld that has no sensible stepping point
What elements make up the WI minor standard?
Under seven not negligent
Adult only activity – minor is held to adult standard
What Duty is owed to invitees and licensees by landowners in WI?
Duty of reasonable care
What duty is owed to trespassers by landowners in WI?
A landowner has no duty to a trespasser other than to not maliciously try and injure them. Thus there is no duty to warn trespassers of dangers on the property.
Explain the WI Seat Belt Rule
It is not negligence per se, it is part of the duty to mitigate. The jury will total damages then remove up to 15% for failure to wear seat belt.
Requires an expert opinion like an accident reconstruction specialist.
What is the Sudden Illness Doctrine in WI?
WI law is that if someone becomes suddenly ill in a way that renders them incapable of acting with reasonable care or to understand the risk of their actions, they are not negligent if the illness was not foreseeable to a reasonable person.
What test does WI use to determine the cause in fact?
Substantial Factor
What test does WI use to determine proximate cause?
The 6 public policy factors
What is the 50% rule in WI?
If there is only one defendant and plaintiff and defendant are both 50% liable, plaintiff can recover.
Who can be held joint and severally liable in WI?
Defendants 51% or more can be held jointly and severally liable for damages.
